A former transportation security officer failed to bring the alleged discriminatory conduct to the attention of an EEO officer within 45 days, there were no incidents within six months from the date he contacted the EEO, most of the incidents ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where a party to a teaming agreement alleged the other party breached a contractual obligation to provide resumes and certifications by submitting false and forged certifications and resumes, the fraud claim was dismissed because the source of the obligation was ...

Tagged with: Commercial Judge T.S. Ellis III U.S. District Court - Eastern District

Even though a couple married and lived together as husband and wife for 18 years, the wife cannot collect on her deceased husband’s nearly $722,000 pension because – unbeknownst to her – the husband had never divorced his previous wife. ...

Tagged with: Domestic Relations Family Law Judge T.S. Ellis III U.S. District Court - Eastern District

Where a decedent’s 401(k) plan provided his surviving spouse was entitled to receive the proceeds, and the plaintiff, his third wife, claimed she was the surviving spouse but evidence showed his prior marriage did not end in divorce, the plaintiff ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

An employer that underpaid its contributions to retirement plans is liable for the underpaid amount, interest, liquidated damages and other fees, totaling $249,348.25. Background In their amended complaint, filed on Sept. 13, 2016, plaintiffs brought two counts under the Employee ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

A $475,000 settlement in a case alleging medical negligence in the wrongful death of a father was determined to be fair. In addition, a child who was born 301 days after his father left for Vietnam was presumed to be ...

Tagged with: Judge T.S. Ellis III Medical Malpractice U.S. District Court - Eastern District

A defaulting employer has been ordered to pay overtime wages, an equal amount for liquidated damages and attorneys’ fees and costs. That same defendant remains liable for a prior award of fees resulting from a successful sanctions motion. Background This ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

The administrative record did not show the Patent and Trademark Office, or PTO, adopted a secret rule, order or policy to decline to issue patents or to take final PTO action on plaintiff’s patent applications. Rather, delays in processing the ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Where the owner misrepresented the condition of his boat in order to reinstate previously cancelled coverage, and the insurance carrier paid $15,389.92 before it discovered the fraud, the carrier had no further responsibility and was entitled to recoup the monies ...

Tagged with: Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

Where a party claiming it was improperly excluded from a joint venture provided only lost revenue information in discovery, and not its lost profits, it was precluded from introducing damages evidence at trial. However, it could recover nominal damages on ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District